Dangerous Driving

In New South Wales, driving in a manner or speed that creates a danger to people or other road users is known as "rampant driving".

Will the charge be under the Crimes Act or the Road Transport Act?

As the offences relating to impaired driving are very similar under both codes, the Crimes Act 1900 and the Road Transport Act 2013, it is more common for police to charge someone under the Road Transport Act 2013.

In order for a court to find a person guilty of reckless driving, the police officer must prove each of the following beyond a reasonable doubt:

• The person is driving; and
• The person was driving in a manner that was mad, reckless, at a speed or in a manner that was dangerous to the public.
• For offences under the Crimes Act 1900, police must also prove they caused bodily harm.

• The person was not the one driving the car; or
• The person was driving the vehicle in a manner that was not wild or reckless under the circumstances, or:

If the offence charged is under the Crimes Act 1900, no personal injury was caused.

If you have been charged with reckless, impulsive and dangerous driving and need a team of attorneys experienced in criminal defense to promptly preserve and prepare defense evidence, please contact an attorney for a legal consultation today.

The maximum penalty for the offence under the Crimes Act 1900 is two years' imprisonment. The offence also requires a person to be injured as a result of the reckless driving. This is not required to prove injury if prosecuted under the Road Transport Act 2013.

Under the Road Transport Act 2013, the maximum penalty for a first offence is nine months' imprisonment and/or 20 penalty units (currently equivalent to a $2,200 fine). The automatic disqualification period is a maximum of three years and the minimum disqualification period is 12 months.

If the offence is classed as a second offence or above, the maximum penalty is higher. A second offence is a second offence if the person has been convicted of a major traffic offence (such as a drink driving offence or driving under suspension) within the past five years. The maximum penalty for a second offence is 12 months imprisonment and/or 30 penalty units. The automatic disqualification period is 5 years and the minimum disqualification period is 2 years.

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